H. R. 8281, the Safeguard American Voter Eligibility (SAVE) Act, is scheduled for a House vote next week and will require “documentary proof of United States citizenship” for federal election voting.
The House Democratic leadership opposes the bill, and Minority Whip Katherine Clark (D-Mass.) has urged Democrats to vote against it, indicating she will actively discourage support for the Republican bill.
Clark’s office argues the bill would prevent voter registration using only a driver’s license, making a passport the sole acceptable standalone identification. They claim this would create an “extreme burden for countless Americans” and “further intimidate election officials and overburden states’ abilities to enroll new voters.”
The bill outlines an acceptable proof of citizenship as a passport, a photo ID proving US birth, or another photo ID with supporting documentation like a birth certificate. To be precise:
(1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States.
(2) A valid United States passport.
(3) The applicant’s official United States military identification card, together with a United States military record of service showing that the applicant’s place of birth was in the United States.
(4) A valid government-issued photo identification card issued by a Federal, State, or Tribal government showing that the applicant’s place of birth was in the United States.
(5) A valid government-issued photo identification card issued by a Federal, State, or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following:
(A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government.
REMOVING NONCITIZENS FROM VOTER ROLLS
The legislation also mandates removing non-citizens from voter rolls, requires election officials to request citizenship proof from registration applicants, and introduces potential legal consequences for officials who fail to do so.
House Speaker Mike Johnson tweeted last Friday that the SAVE Act Directs the Dept. of Homeland Security “to determine whether to conduct removal proceedings if a noncitizen has been identified as having registered to vote in federal elections. … The SAVE Act will safeguard our elections by ensuring only American citizens vote in federal elections.”
“As we approach the 2024 elections, the American people must have absolute certainty in the integrity of our election system. This bill would fortify federal elections by ensuring that only American citizens vote in American elections. I am grateful to Congressman Roy for his important leadership on this critical issue and for introducing this legislation in the House,” said Speaker Johnson.
The Speaker’s office published a 22-page report highlighting what it calls a “loophole” in existing federal legislation. Currently, voters are only required to declare their citizenship status, rather than provide proof.
The report cites instances of non-citizens being removed from voter registrations in several states:
- Massachusetts: 70 individuals
- Ohio: 137 individuals
- Virginia: 1,481 individuals
BLAME IT ON THE DMV
It has been argued that the most likely cause for noncitizens registering to vote are eager State DMV officials who are trained to inquire if while renewing their motor vehicle licenses, the motorists would also agree to register to vote. Noncitizens who may not be aware that consenting to this invitation could get them on a plane back to Mexico City put down their John Hancock, unaware that they have just potentially ruined their lives – even if they don’t try o vote.
Critics of the proposed legislation point out that federal law already prohibits noncitizen immigrants from voting in federal elections. Instances of noncitizen voting are rare and typically accidental, with robust detection measures in place. Violators face severe consequences, including potential imprisonment or deportation.
The act of voting as a noncitizen can trigger deportation proceedings, with the individual’s signature on voter rolls serving as sufficient evidence. Undocumented immigrants generally avoid providing personal information or engaging in any registration processes involving federal or state governments, fearing potential arrest or deportation.
The SAVE amendment’s original sponsor, Rep. Chip Roy (R-Tx), said last May that “Secure elections are a key cornerstone for any representative government; without them, we won’t have a country. Radical progressive Democrats know this and are using open border policies while also attacking election integrity laws to fundamentally remake America. That’s why I am proud to introduce the SAVE Act with Speaker Johnson and my Republican colleagues, along with the invaluable support of citizens and organizations that recognize we must end the practice of non-citizens voting in our elections. “
“Illegal immigrants and non-citizens across the nation are being improperly registered to vote, allowing them to cast illegitimate ballots in federal elections,” said Senator Mike Lee (R-UT), who has companion legislation in the Senate. “At a time when trust in voting is more important than ever, we must stop foreign election interference and pass the SAVE Act. Voting is both a sacred right and responsibility of American citizenship, and allowing the people of other nations access to our elections is a grave blow to our security and self-governance. I’m proud to stand with Chip Roy to save our democratic process and representative government.”
